The 1st Regular Session of the 109th Legislature marks the first time that Senators are limited on the number of bills they can introduce. Each Senator is limited in introducing no more than 20 bills, while each committee of the Legislature is limited to 10. Bills introduced on behalf of the Governor don’t count toward these limits. Every session begins with a 10-day period for bill introduction. This year’s bill introduction began on January 8th and ends on January 22nd.
I have no designs to hit the 20 bill limit but I will end up introducing more bills than I have during my first two years here. This week I will review and explain the first three bills that I introduced: LB9, 10 and 11.
I introduced LB9 after visiting with folks tasked with enforcing both our existing tobacco laws and our newer vaping regulations. Last year the Legislature passed new regulations on vaping products in LB1296, which I introduced. LB9 is intended to provide some additional tools for the Department of Revenue to more effectively enforce the provisions passed a year ago in LB1296. LB9 allows the Department of Revenue to audit past tobacco and vaping products tax reports for enforcement purposes; provides more specific authority for the department to suspend or revoke the licenses of persons and businesses for violating the Tobacco Products Tax Act; and amends the definition of several terms.
One of the terms amended is the definition of “alternative nicotine products.” These are products that aren’t cigarettes, chewing tobacco, cigars or even vaping devices. The active ingredient in all these products is nicotine. Nicotine is increasingly put into new products that don’t neatly fall into traditional categories. Hence the term “alternative nicotine product.” Some companies have been able to produce products that don’t technically contain nicotine but what is known as a nicotine analogue. Basically it is chemically similar to nicotine but because they shave off a carbon molecule here, a hydrogen molecule there, it’s not technically nicotine and these products can bypass current laws and regulations. LB9 fixes this so that no matter the product, if it has nicotine or a nicotine analogue in it, it will be subject to the same treatment as traditional tobacco or vaping products.
LB10 amends the Prescription Drug Donation Program. This donation program was created in a bill that I introduced last year. Shortly after the donation program was passed here in Nebraska, the federal government issued a rule that impacted every prescription donation program in the U.S. The federal rule is the result of implementing a law that Congress passed more than a decade ago. The rule is well intended in that it is designed to secure the chain of custody for medication prior to being initially prescribed, but it did not account for medication that had already been prescribed but now were being donated. Hence the need for LB10. LB10 will also allow the Governor to utilize the donation program directly during times of emergency.
LB11 was introduced to provide direct appropriations to the Nebraska Statewide Workforce and Education Reporting System or NSWERS. NSWERS was created by the Legislature to collect data and perform rigorous analysis of the outcomes of public policy as it relates to education and the workforce. NSWERS is an interlocal agency that is funded by private donations and public dollars. NSWERS is presently funded by private donations and indirectly by the state as part of the budget of its partner institutions. These partner institutions include the University of Nebraska system, state colleges, community colleges, and the Nebraska Department of Education. NSWERS replaces the indirect public funding with a direct appropriation. LB11 continues the public contribution to fund the important work of NSWERS in a way that is transparent to the taxpayer.
I’ll have more to share on the rest of my bills in the coming weeks.
As always, if I can be of assistance to you in any way, please do not hesitate to contact my office. My staff members – Matt and Katie – are available to assist you with your needs, and they pass along messages, so if you’d like a callback, please let them know!
Email: jhughes@leg.ne.gov
Phone: 402-471-2756
Facebook: Senator Jana Hughes
